Work-permit immigrants to get in-state tuition

BOSTON 
Gov. Deval L. Patrick told state college and university officials to begin offering in-state tuition rates to young illegal immigrants who obtain work permits under a new federal program, but some lawmakers have voiced objections.

The governor said the practice is in line with existing state policy to allow residents who obtain federal work permits to pay the lower in-state tuition rates for state schools.

In comments at the Statehouse yesterday, Mr. Patrick said the eligibility of young illegal immigrants stems from President Barack Obama's decision this summer to issue work permits and defer deportation for illegal immigrants under 30 years of age who came to the United States before they were 16 years old.

While the new federal policy calls for states to decide whether to extend in-state tuition benefits to those young immigrants, the governor said state policy is already in place to grant the lower rates to those with federal work permits.

But state Sen. Richard T. Moore, D-Uxbridge, said the governor should have consulted the Legislature which has repeatedly voted to oppose in-state tuition for illegal immigrants.

“I think it's totally premature,” Mr. Moore said. “I think he should seek legislative approval of anything like that. I believe it requires a lot more discussion and vetting before we consider moving forward,” said Mr. Moore, who has backed legislation in the past aimed at prohibiting in-state rates for illegal immigrants.

“He has made a decision and we will see what happens,” Mr. Moore said, before adding, “I don't know where he sees the authority to do that.”

Meanwhile, House Republican leader Bradley H. Jones Jr., R-North Reading, called for a halt to the practice and said the governor had overstepped his authority approving the policy. “The implementation of in-state tuition rates for illegal immigrants should be stopped immediately,” Mr. Jones said, complaining that the governor had put his personal political interests above those of state residents.

Mr. Moore said he did not yet anticipate a move by the Legislature to stop the governor's plans, but he did not rule it out.

“We have not approved it in the past when it has come up. It is contrary to past practice of the Legislature,” he said, noting that the president also went around Congress to adopt the national policy this summer.

“The president had done the same thing pretty much,” Mr. Moore said and added there is a concern that illegal immigrants could take up spots at public colleges that otherwise would be open to other residents.

“Given the limitations on access by taxpayers, it's a concern whether it is the right policy. A lot more people have been choosing public education because of the cost and I don't think he has laid out the case for it yet, other than politically,” Mr. Moore said of the governor.

Mr. Patrick, however, said the letter instructing state college and university officials to extend the residential tuition rates, which are equal to about one-half the nonresident rate, was an advisory about current policy, not adoption of a new policy.

He said legislative approval, as suggested by Mr. Moore, is not needed.

“I appreciate his point of view, but that is not necessary. We have a policy in place. It is not a change in policy, it is treating people in accordance with that policy and not every policy requires a legislative review,” Mr. Patrick said.

He said the policy allowing residents who obtain work permits to get in-state tuition rates is not new. “Because of a change in policy at the federal level, undocumented students who qualify according to that criteria will be eligible for a work permit and if they have a work permit they will get to pay in-state tuition,” the governor said.

He said while it is “a step in the right direction” it is not a substitute for comprehensive federal immigration reforms expected to be re-launched in Congress soon.

“This will affect a relatively small number of students. But there are other students and other residents that need to be brought out of the shadows and into the mainstream and that is why we need comprehensive immigration reform,” the governor said.

Eva A. Millona, of Worcester, executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition, commended the governor on issuing the advisory.

“It will help students who are eligible to apply for in-state tuition but it will also help our economy by bringing in new revenue,” as young people continue on in the workforce, Ms. Millona said. She estimated it would help several hundred immigrants each year who will be eligible for those federal permits and in-state tuition.